Terms and Conditions
Last updated January, 2016
1. User’s Acknowledgment and Acceptance of Terms
3. Copyright, Trademarks and Other Intellectual Property
All trademarks, service marks, trade names and domain names used on this Website are trademarks or registered trademarks of Thane, its affiliated companies, or, their respective licensors, which may not be used without Thane’s prior written permission. Except as expressly provided herein, nothing contained on this Website should be construed as granting, a license or right to use any trademark displayed on this Website. Any other intellectual property on this Website, is the sole property of Thane or its affiliated companies, or their licensors.
4. User’s Submissions to this Website
Thane may offer features through this Website that enable you to post information and materials publicly (“Submissions”) on product review, survey and product testimonial pages and message boards, blogs and similar forums (collectively referred to herein as “Forums“). You agree that any Submissions you transmit to this Website will be treated as non-confidential and non-proprietary, may be made available to the general public, and may be used by Thane or its affiliated companies without restriction.
You represent and warrant that you have all rights necessary to grant the above rights with respect to each Submission, and that your provision of Submissions through the Forums or otherwise through this Website complies with all applicable laws, rules and regulations. You further irrevocably waive any “moral rights” or other rights regarding any Submission that you may have under any applicable law. You represent and warrant that any Submissions or other information you provide in connection with your use of this Website are true, accurate and complete. You shall not submit any Submissions that are unlawful or protected by copyright, trademark, patent, trade secret, moral right, or other intellectual property or proprietary right without the express permission of the owner of the respective right. You are solely liable for any damage resulting from your failure to obtain such permission or from any other harm resulting from your Submissions.
Thane reserves the right, in its sole discretion, to edit any Submission and to choose to include or not include such Submission in the Forums or otherwise on this Website. The Forums include the opinions, statements and other content of third parties. Thane is not responsible for screening, monitoring or verifying such content, including such content’s accuracy, reliability or compliance with copyright or other laws. Any opinions, statements or other materials made available by third parties through the Forums or otherwise through this Website are those of such third parties and not of Thane, and Thane does not endorse any such opinions, statements or materials. Thane is not in any manner responsible for the content of these communications and materials. You acknowledge that by providing you with the ability to view and distribute Submissions on this Website, this Website is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any such content or activities on this Website. You may not post or otherwise distribute content to this Website which Thane in its sole discretion determines to be abusive, harassing, threatening, defamatory, obscene, an impersonation of others, fraudulent, deceptive, misleading, in violation of a copyright, trademark or other intellectual property right of another, invasive of privacy or publicity rights, in violation of any other right of Thane or another party, or illegal or otherwise objectionable to Thane. You may not upload commercial content on this Website or use this Website to solicit others to join or become members of any commercial online service or other organization.
You acknowledge and agree that Thane has no control over, and shall have no liability for any damages resulting from, the use (including without limitation the re-publication) or misuse by any third party of information voluntarily made public through the Forums or any other part of this Website. IF YOU CHOOSE TO MAKE ANY OF YOUR PERSONAL INFORMATION OR OTHER INFORMATION PUBLICLY AVAILABLE THROUGH THE FORUMS OR OTHERWISE THROUGH THIS WEBSITE, YOU DO SO AT YOUR OWN RISK.
5. Disclaimer of Warranties
ALL INFORMATION AND DOCUMENTS PROVIDED ON THIS WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, EXPECTATION OF PRIVACY, OR NON-INFRINGEMENT OF THANE’S INTELLECTUAL PROPERTY RIGHTS. WITHOUT LIMITING THE FOREGOING, THANE MAKES NO WARRANTY THAT (A) THE SERVICES AND MATERIALS OFFERED ON OR THROUGH THIS WEBSITE WILL MEET YOUR REQUIREMENTS, (B) THESE SERVICES AND MATERIALS WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THESE SERVICES OR MATERIALS WILL BE EFFECTIVE, ACCURATE, OR RELIABLE, OR (D) THE QUALITY OF ANY PRODUCTS, SERVICES, OR INFORMATION PURCHASED OR OBTAINED BY YOU FROM THIS WEBSITE WILL MEET YOUR EXPECTATIONS OR BE FREE FROM ERRORS, OMISSIONS, DISCREPANCIES, OR DEFECTS.
THANE EXPRESSLY DISCLAIMS ANY REPRESENTATIONS OR WARRANTIES MADE BY THANE WEBSITE USERS ABOUT THANE OR ITS PRODUCTS, OTHER THAN INFORMATION PROVIDED IN THANE’S LITERATURE OR ON THIS WEBSITE. THANE EXPRESSLY PROHIBITS THANE WEBSITE USERS FROM MAKING ANY SUCH NON-APPROVED REPRESENTATIONS OR WARRANTIES, AND THANE IS NOT RESPONSIBLE OR LIABLE FOR THE SAME.
6. Limitation of Liability
7. Links to or from Other Websites
Except as otherwise expressly stated by Thane on this Website, Thane is not affiliated or associated with operators of any third party websites that link to or are linked from this Website. Thane expressly disclaims any responsibility for the accuracy, content, or availability of information found on third party websites that link to or are linked from this Website. Thane does not endorse any of the products or services, nor has Thane taken any steps to confirm the accuracy or reliability of any of the information, made available through any third party sites. Thane makes no representations or warranties as to the security of any information (including without limitation credit card and other personal information) that you may provide or be requested to provide to any third party, whether through such a third party site or otherwise.
Thane shall have the right, at any time and at its sole discretion, to block links to this Website through technological or other means without prior notice.
9. International Use
This Website is controlled and operated by Thane from its offices in Canada. Although this Website may be accessible worldwide, Thane makes no representation that materials on this Website are appropriate or available for use in locations outside of Canada, and accessing them from territories where their content is illegal is prohibited. If you choose to access this Website from other locations, you do so at your own risk and you are responsible for compliance with local laws. Any offer for any product, service, and/or information made in connection with this Website is void where prohibited by law.
If you, as the parent or legal guardian of a user of this Website under the age of 18 (“Minor”), have agreed to allow your Minor to use this Website, you agree that you shall be solely responsible for: (a) the online conduct of such Minor; (b) monitoring such Minor’s access to and use of this Website; and (c) the consequences of any use of this Website by such Minor.
11. Claims of Copyright Infringement.
Thane respects the intellectual property of others, and Thane asks you to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, you (or your agent) may send Thane a notice requesting that Thane remove the materials or block access to them at [email protected].
13. Applicable Law, Jurisdiction and Venue
The exclusive jurisdiction for any claim, action or dispute with Thane relating in any way to your use of the Website or a purchase made on the Website will be in the courts of the Province of Ontario unless required otherwise by applicable laws of your province of residence. It is the express wish of the parties that this Agreement and all related documents be drawn up in English. C’est la volonté expresse des parties que la présente convention ainsi que tous les documents qui s’y rattachent soient rédigés en anglais.
Thane shall be excused from liability for non-delivery or delay in delivery of products and services available through this Website arising from any event beyond Thane’s reasonable control, whether or not foreseeable by Thane, including but not limited to labor disturbance, war, fire, accident, adverse weather, inability to secure transportation, governmental act or regulation, act of terrorism (actual or threatened), or other causes or events beyond Thane’s reasonable control, whether or not similar to those which are enumerated above.
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